Sentencing for historical sex abuse pushed back

The sentencing hearing for a local man convicted of sexual abuse offences that occurred in the 1960s and 70s has been put over until June.

Superior Court Justice Michael Varpio agreed Wednesday to a defence request to adjourn the hearing to obtain up-to-date medical reports about the various ailments his lawyer says the 77-year-old faces.

Prosecutor Trent Wilson opposed the adjournment, telling the court he expected all these things would have been done after the accused was convicted of the two offences in November "so we could come here and get closure."

The victim and her family members were visibly upset, and wanted to express their feelings about what was happening, but Varpio didn't permit her to address the court.

The judge told the woman he understands her frustration and how difficult the situation is, but said he couldn't proceed with sentencing without all the information.

Case law, filed by both the Crown and defence, says the nature of the illnesses the perpetrator suffers from is a factor Varpio said he has to consider in sentencing.

"I need all the information to do my job."

In November, Varpio acquitted the retired steelworker of three charges - rape, incest and sexual intercourse with a female under the age of 14.

The charges stemmed from complaints made by the man's daughter.

Varpio found the accused guilty of two counts - indecent assault and gross indecency - offences that involved his former sister-in-law. They occurred between 1964 and 1971 when she was a child.

The trial took place over eight days in September and October.

A publication ban prohibits reporting any information that could identify the victims.

On Wednesday, defence lawyer Wayne Chorney said it had been his intention all along to obtain medical reports about his client's heath issues, which include cancer and a recently diagnosed heart condition.

But reports he has received need to be updated, he told Varpio.

Things can change in a couple of months when dealing with a 77-year-old man with multiple physical ailments, he said.

Chorney also suggested there was not a lot of information in the pre-sentence report.

The Crown responded that he "simply can't consent" to the adjournment.

"I'm opposed to it going over," Wilson said, adding the information in the reports will never be the same as the man's condition at the time of sentencing.

He said the defence had known long before the November decision that "his client suffered major heath issues."

Noting it is difficult to quickly get follow-up information from doctors, Varpio said he was going to give Chorney 60 days to get the reports.

However, after reviewing possible dates with the lawyers, it was determined that June 21 was the first one available for all the parties.

EDITOR'S NOTE: SooToday does not permit comments on court stories